You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 130790.

The City of McAllen Police Department (the "department") received a request for an offense
report, case number 99-30003. You contend that the requested information is excepted from
required public disclosure pursuant to section 552.108 of the Government Code. We have
considered the exception you claim and reviewed the documents submitted.

Section 552.108 of the Government Code provides in part:

(a) Information held by a law enforcement agency or prosecutor that deals
with the detection, investigation, or prosecution of crime is excepted from the
[requirement of public disclosure] . . . if:

(1) release of the information would interfere with the detection,

investigation, or prosecution of crime[.]

* * *

(c) This section does not except from the [requirement of public disclosure]

. . . information that is basic information about an arrested person, an arrest, or a
crime.

Because you have informed us that the records at issue pertain to a pending criminal
investigation, we conclude that you have met your burden of establishing that the release of
the requested information at this time could interfere with law enforcement or prosecution.
See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court
delineates law enforcement interests that are present in active cases). You therefore may
withhold most of the requested information at this time pursuant to section 552.108(a)(1).

Section 552.108 does not, however, except from required public disclosure "basic information
about an arrested person, an arrest, or a crime." Gov't Code § 552.108(c). You indicate that
the department has already released such "front page" information, as it must in accordance
with Houston Chronicle.

We are resolving this matter with an informal letter ruling rather than with a published open
records decision. This ruling is limited to the particular records at issue under the facts
presented to us in this request and should not be relied upon as a previous determination
regarding any other records. If you have questions about this ruling, please contact our
office.